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All posts in Bad Faith

New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims

New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims

Posted on March 24, 2023March 24, 2023Author thecicrPosted in Bad Faith, PFAS

On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not…

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A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage

A Changing Climate: The Rising Tide of ESG Liability and Implications for D&O Coverage

Posted on August 2, 2022August 3, 2022Author Amy BesserPosted in Bad Faith, ESG, Insurance

By: Celestine Montague and Christopher M. Quinlan The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside…

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Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

Posted on June 2, 2022Author thecicrPosted in Bad Faith, Insurance

By: Eric B. Hermanson and Austin D. Moody In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in…

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Middle District of Florida Court Rejects Claim that Negligence is Sufficient to Support a Finding of Bad Faith

Middle District of Florida Court Rejects Claim that Negligence is Sufficient to Support a Finding of Bad Faith

Posted on June 25, 2021June 28, 2021Author Andrea MalonePosted in Bad Faith, Insurance

What happens when an insurer tenders its policy limits, only to have its offer rejected on the basis that the insurer negligently handled the claim?

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

District of New Jersey Court Clarifies Primary Insurer’s Duty of Good Faith to Excess Insurer

Posted on April 5, 2021Author thecicrPosted in Bad Faith, Insurance

By: Anthony L. Miscioscia and Margo E. Meta A primary insurer has a duty of good faith to an excess insurer to attempt to negotiate a settlement with a third-party…

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No Such Thing as “Institutional Bad Faith,” Pennsylvania Superior Court Concludes

No Such Thing as “Institutional Bad Faith,” Pennsylvania Superior Court Concludes

Posted on February 11, 2020Author Amy BesserPosted in Bad Faith

A published Pennsylvania decision favorable to insurance companies, the Wenk case would apply to future claims in both the first- and third-party contexts.

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  • Top Developments March 2023
  • New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims
  • Fourth Circuit Holds That Cooperation Clause Does Not Apply to Insured’s Conduct in Negotiating Bankruptcy Plan
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